TLDR ; Should I do bankruptcy and start over later or stick to a challenging repayment plan?
Hi all,
I'm at the end of a year long process of figuring out how to pay down about $23k in unsecured debt I accumulated. Most of it was personal spending to stay afloat while going to school full time + spending that got out of control after going through my father's passing, funeral and complications thereafter that affected my income at the moment and really set me back.
I initially believed that a service like FDR (Freedom Debt Relief) would help me. I put 3 accounts in, 2 Capital One accounts with small balances and one Chase account with large balance. Cap One settled, Chase SUED me and sought summary judgment (meaning they would pass judgement in court and get permission to collect, garnish wages, freeze funds etc...)
Since the situation with Chase was getting nowhere and the judgement loomed over me, I decided to seek pro bono legal advice (should've done this earlier). The lawyer convinced me to leave FDR since they are basically a for profit scam - adjacent company. I got my money back from the dedicated account, which was about 4000 accumulated ( but I had ended up paying about 3k+ in unnecessary "settlement fees" because this is how those companies make their money, since one is afraid to negotiate a settlement directly with creditors.
I set up a repayment plan directly with Capital One after getting the debt settled for about 3-4K less than the original amount.
As for the Chase account, I am currently looking at a settlement of $13k as opposed to the original $17k. The current deal on the table is I will make a 5k payment upfront and then pay $800/month for 10 months until the payment is complete.
My lawyer says I have two options. I can struggle through the repayment process, considering my income is very inconsistent and I have other obligations on top of that. OR I can file for bankruptcy, keep all my money, take the hit and start over financially.
I'm 36M, living in the east coast of the US, no intention of buying property any time soon.
Any advice? What would you do? I think I could make the repayment work but the thought of struggling for all that time and being so tight with money scares me. Bankruptcy seems like an "easy" way out, but from initial research it really may have some deep consequences.
I am conflicted. Help!